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SLED to Investigate Abuse and Neglect of Vulnerable Adults FOR IMMEDIATE RELEASE May 24, 2006 Contact: Gloria Prevost (803) 217-6713 prevost@protectionandadvocacy-sc.org (COLUMBIA, SC) – Yesterday, Governor Mark Sanford signed S. 1116, establishing the Vulnerable Adults Investigation Unit (VAIU) in the State Law Enforcement Division (SLED). The act significantly changes the process for investigating abuse and neglect of individuals who reside in facilities operated by or contracted for operation by the Department of Disabilities and Special Needs (DDSN) and the Department of Mental Health (DMH). The text of the act amends the Omnibus Adult Protection Act (OAPA) . The new law was passed after Protection and Advocacy for People with Disabilities, Inc. (P&A’s) 2005 report, Unequal Justice for South Carolinians with Disabilities: Abuse and Neglect Investigations , highlighted the need to remove investigations of abuse and neglect from the agencies, including local and contract agencies, where abuse and neglect had occurred. The report showed that many serious incidents of abuse, even deaths, had not been thoroughly investigated and had rarely been prosecuted. The VAIU will screen all allegations of abuse and neglect in these facilities to determine whether there is reasonable suspicion of criminal conduct. If so, the VAIU may investigate or refer to local law enforcement. Allegations of noncriminal conduct would be referred to the Long Term Care Ombudsman or the Department of Social Services. The Attorney General’s Medicaid Fraud Unit will continue to investigate cases involving improper use of Medicaid funds, including financial exploitation of recipients. SLED will have a statewide, toll-free 24-hour hotline number to permit reports at any time. SLED will also develop referral procedures and agreements with the Ombudsman and DSS. All staff working in these facilities must have a criminal records check. The act creates the Vulnerable Adults Fatalities Review Committee, similar to the existing Child Fatalities Review Committee at SLED. Committee members will include representatives of P&A, the Ombudsman, DDSN, county DSN boards, DMH, and the VAIU. The Committee will review all deaths being investigated by the VAIU, educate the public about abuse and neglect of vulnerable adults, and submit an annual report to Governor and General Assembly on reducing fatalities of vulnerable adults. Funds to establish the VAIU and to increase the Ombudsman’s staff to enable it to fulfill the investigatory role previously handled by DDSN and DMH staff were included in both the Governor’s and the General Assembly’s budgets, although final figures are not yet available. Gloria Prevost, Director of P&A said, “P&A is deeply appreciative of the recognition by the General Assembly and the Governor of the need for these safeguards for some of South Carolina’s most vulnerable citizens”. To access the October 2005 P&A report, Unequal Justice for South Carolinians with Disabilities: Abuse and Neglect Investigations electronically, go to http://www.protectionandadvocacy-sc.org/news.html # # #

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